Resolution-ZA 1997-18,~^ ~
DECISION NO. ZA 97-18
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE NO. 4313
OWNER: Vic Peloquin
4740 E. Bryson Street
Anaheim, CA 92807
LOCATION: 100. 108 and 124 South Fairmont Boulevard
CEQA STATUS: Negative Declaration
HEARING DATE: August 28, 1997
OPPOSITION: No one indicated their presence at the public hearing in opposkion and no
correspondence in opposition was received.
REQUEST: Petitioner requests waivers of the following to expand an existing 1,655 sq.ft.
restaurant and establish a 1,223 sq.ft. fast food restaurant (coffee house) within an
existing shopping center:
(a) Sections 18.44.066.050 - Minimum number of narking spaces.
18.06.050.0231 450 required;
and 18.06.050.0233 193 proposed)
(b) Sections 18.44.066.040 - Minimum dimensions of parking spaces.
and 18.06.040.020 (8'/z by 18 feet required;
7'/z by 15 feet proposed)
Having been appointed Zoning Administrator by the Planning Director,. pursuant to Anaheim Municipal
Code Section 18.12.040, to decide the above-referenced petition and a public hearing having been duly
noticed for and held on the date set forth above, 1 do hereby find:
That the waiver, under the conditions imposed, will not cause fewer off-street parking spaces to
be provided for such use than the number of such spaces necessary to accommodate all..
vehicles attributable to such use under the normal and reasonably foreseeable conditions of
operation of .such use;
2. That the waiver, under the conditions imposed, will not increase the demand and competition for
parking spaces upon the public streets in the immediate vicinity of the proposed use;
3. That the waiver, under the conditions imposed, will .not increase the demand and competition for
parking spaces upon adjacent private property in the immediate vicinity of the proposed use
(which property is not expressly provided as parking for such use under an agreement in
compliance with Section 18.06.010.020 of this Code);
4. That the waiver, under the conditions imposed, will not increase traffic congestion within the off-
. street parking areas or lots provided for such use;
5. That the waiver, under the conditions imposed, will not impede vehicular ingress to or egress
from adjacent properties upon the public streets in the immediate vicinity Of the proposed use.
za-V4313.wp - 1 of 3 - ZA 97-18
` ~ • •
6. That the granting of the parking waiver will not cause an increase in traffic congestion in the
immediate vicinity nor adversely affect any adjoining land uses;
7. That the granting of the parking waiver under the conditions imposed will not be detrimental to
.the peace, health, safety or general welfare of the citizens of the City of Anaheim;
8. That there are special circumstances applicable to the property such as size, shape, topography,
location or surroundings, which do not apply to other identically zoned properties in the vicinity;
and
9. That strict application of the Zoning Code deprives the property of privileges enjoyed by other
properties in identical zoning classification in the vicinity.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Zoning Administrator has reviewed
the proposal for waiver of minimum number of parking spaces and minimum dimensions of parking
spaces on a 2.4-acre irregularly-shaped parcel located at the southeast corner of Fairmont Boulevard
and Santa Ana Canyon Road with approximate frontages of 378 feet on the east side of Fairmont
Boulevard and 169 feet on the south side of Santa Ana Canyon Road .(100, 108 and 124 South Fairmont
Avenue; and does hereby approve the Negative Declaration upon finding that she ha considered the
Negative Declaration together with any comments received during the public review process-and further
finding on the basis of the initial study and any comments received that there is no substantial evidence
that the project will have a significant effect on the environment.
Based on the evidence and testimony presented to me, I do hereby determine to approve Variance No.
4313, subject to the following conditions:
That plans shall be submitted to the City Traffic and Transportation Manager for his review and
approval showing conformance with the current versions of Engineering Standard Plan Nos. 436
and 602 (to convert 13 compact spaces) pertaining to parking standards and driveway location.
Subject property shall thereupon be developed and maintained in conformance with said plans.
2. That trash storage areas shall be provided and maintained in a location acceptable to the Public
Works Department and in accordance with approved plans on file with said Department.
3. That trash storage areas shall be refurbished to the satisfaction of the Public Works Department,
Streets and Sanitation Division, to comply with approved plans on file with said Department.
4. That a plan sheet for solid waste storage, collection and a plan for recycling shall be submitted to
the Public Works Department for review and approval.
5. That an on-site trash truck turn-around area shall be provided in accordance with Engineering
Standard Detail No. 610 and maintained to the satisfaction of the Public Works Department,
Streets and Sanitation Division. Said turn-around area shall be specifically shown on plans
submitted for building permits.
6. That a conditional use permit shall be ubmitted and approved for sales of beer and wine for on-
premises consumption for the expanded sit-down restaurant at 108 South Fairmont Boulevard.
7. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning
Department marked Exhibit Nos. 1, 2 and 3; and as conditioned herein.
8. That prior to commencement of the activity herein approved, or prior to issuance of a building
permit, or within a period of one (1) year from the date of this resolution, whichever occurs first,.
Condition Nos. 1, 2, 3, 4 and 5 ,above mentioned, shall be complied with. Extensions for further
time to complete said conditions may be granted in accordance with Section 18.03.090 of the
Anaheim Municipal Code.
za-V4313.wp - 2 of 3 - ZA 97-18
~"~ k
9. That prior to finding building and zoning inspections, Condition No. 7 above mentioned, shall be
complied with.
10. That approval of this application constitutes approval of the proposed request only to the extent
that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and
Federal regulations. Approval does not include any action or findings as to compliance or
approval of the request regarding any other applicable ordinance, regulation or requirement.
This decision is made, signed, and entered into the file this 4th day of September 1997.
NOTICE: This decision shall become final unless an appeal to the City Council, in writing, accompanied
by an appeal fee, is filed with the City Clerk within 1515 davs of the date of the signing of this decision or
unless members of the City Council shall request to review this decision within said 15 days.
DECLARATION OF SERVICE BY MAIL: i do hereby declare under penalty of perjury that on the date set
forth below, I did deposit, in the United States Mail, a copy of the decision to the applicant and did
forward a copy to the City Clerk.
DATE: September 4, 1997 ~/!~/V//~ ~L ~~" ` ~~~~~~
Patricia Koral, Word Processing Operator
i
za-V4313.wp - 3 of 3 - ZA 97-18